Eleventh Amendment Bars Tenant's Federal Lawsuit Against Judges

March 18, 2015

LVT Number: #26028

Tenant sued Appellate Term judges, court clerk, and landlord's attorneys in federal court, based on decisions against him in eviction proceedings. The court dismissed the case. Among other things, the court ruled that the Eleventh Amendment to the U.S. Constitution barred lawsuits against the state and officers of the state acting in their official capacities. So tenant couldn't sue the judges and court clerk. Tenants also had no valid claim against landlord's attorneys.

Tenant sued Appellate Term judges, court clerk, and landlord's attorneys in federal court, based on decisions against him in eviction proceedings. The court dismissed the case. Among other things, the court ruled that the Eleventh Amendment to the U.S. Constitution barred lawsuits against the state and officers of the state acting in their official capacities. So tenant couldn't sue the judges and court clerk. Tenants also had no valid claim against landlord's attorneys.

Caldwell v. Pesce: Index No. 14-CV-4196(JFB)(SIL), 2015 WL 430382 (EDNY; 2/3/15; Bianco, J)

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